What Happens if My Spouse Won't Sign the Divorce Papers?

Divorce, even when amicable, can be a difficult and contentious situation. In
circumstances where spouses cannot agree to a divorce, however, it can
become even more problematic. While a spouse can certainly make the divorce
process drag on, he or she cannot prevent it from happening by refusing
to sign the divorce papers.

A Resisting Spouse

In addition to refusing to sign divorce papers, some spouses might hide
in order to avoid being served the necessary paperwork. These tactics,
while inconvenient, will not stop a divorce from moving forward if the
other spouse wants out of a marriage.

If the filing spouse serves the divorce petition the other spouse refuses
to sign off on the final divorce papers, some states may allow the case
to proceed as an uncontested divorce. The court would enter orders based
on the divorce petition and the response.

Request to Enter a Default

Some states allow those with resisting spouses to file a request to enter
a default if the spouse fails to respond within 30 days after being served,
or if the spouse cannot be located for service.

Following this request, the court will set a hearing date at which the
filing spouse is required to appear. During this hearing, the judge might
issue a ruling based on the demands originally stated in the divorce petition,
such as issues regarding child custody or property division. If the other
spouse fails to appear, he or she gives up the right to say anything in
the divorce proceeding or judgment.

Rancho Cucamonga Divorce Lawyer

Dissolving a marriage is often an emotional and challenging process. At
Chung & Ignacio, LLP, we understand the divorce process and are ready
to advocate on your behalf. With us at your side, you can rest assured
that your divorce is in qualified and trusted hands.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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